CHAPTER 53. CONSEQUENCES OF CRIMINAL CONVICTION
OCCUPATIONS CODE
TITLE 2. GENERAL PROVISIONS RELATING TO LICENSING
CHAPTER 53. CONSEQUENCES OF CRIMINAL CONVICTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 53.001. APPLICABILITY OF CERTAIN DEFINITIONS. The
definitions provided by Chapter 2001, Government Code, apply to
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 53.002. APPLICABILITY OF CHAPTER. This chapter does not
apply to:
(1) the Supreme Court of Texas, a person licensed under the
court's authority on behalf of the judicial department of
government, or an applicant for a license issued under the
court's authority on behalf of the judicial department of
government;
(2) a peace officer or an applicant for a license as a peace
officer described by Article 2.12, Code of Criminal Procedure;
(3) an applicant for certification as emergency medical services
personnel under Chapter 773, Health and Safety Code; or
(4) a person who:
(A) is licensed by the Texas Medical Board, the Texas State
Board of Pharmacy, the State Board of Dental Examiners, or the
State Board of Veterinary Medical Examiners; and
(B) has been convicted of a felony under Chapter 481 or 483 or
Section 485.033, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1149, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. INELIGIBILITY FOR LICENSE
Sec. 53.021. AUTHORITY TO REVOKE, SUSPEND, OR DENY LICENSE. (a)
A licensing authority may suspend or revoke a license,
disqualify a person from receiving a license, or deny to a person
the opportunity to take a licensing examination on the grounds
that the person has been convicted of:
(1) an offense that directly relates to the duties and
responsibilities of the licensed occupation;
(2) an offense that does not directly relate to the duties and
responsibilities of the licensed occupation and that was
committed less than five years before the date the person applies
for the license;
(3) an offense listed in Section 3g, Article 42.12, Code of
Criminal Procedure; or
(4) a sexually violent offense, as defined by Article 62.001,
Code of Criminal Procedure.
(b) A license holder's license shall be revoked on the license
holder's imprisonment following a felony conviction, felony
community supervision revocation, revocation of parole, or
revocation of mandatory supervision.
(c) Except as provided by Subsections (d) and (e),
notwithstanding any other law, a licensing authority may not
consider a person to have been convicted of an offense for
purposes of this section if, regardless of the statutory
authorization:
(1) the person entered a plea of guilty or nolo contendere;
(2) the judge deferred further proceedings without entering an
adjudication of guilt and placed the person under the supervision
of the court or an officer under the supervision of the court;
and
(3) at the end of the period of supervision, the judge dismissed
the proceedings and discharged the person.
(d) A licensing authority may consider a person to have been
convicted of an offense for purposes of this section regardless
of whether the proceedings were dismissed and the person was
discharged as described by Subsection (c) if, after consideration
of the factors described by Sections 53.022 and 53.023(a), the
licensing authority determines that:
(1) the person may pose a continued threat to public safety; or
(2) employment of the person in the licensed occupation would
create a situation in which the person has an opportunity to
repeat the prohibited conduct.
(e) Subsection (c) does not apply if the person is an applicant
for or the holder of a license that authorizes the person to
provide:
(1) law enforcement or public health, education, or safety
services; or
(2) financial services in an industry regulated by a person
listed in Section 411.081(i)(19), Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
616, Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1148, Sec. 1, eff. June 19, 2009.
Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR
CRIMINAL CONVICTIONS. (a) This section does not apply to an
applicant for a license that would allow the applicant to
provide:
(1) law enforcement services;
(2) public health, education, or safety services; or
(3) financial services in an industry regulated by the
securities commissioner, the banking commissioner, the savings
and mortgage lending commissioner, or the credit union
commissioner.
(b) Notwithstanding any law other than Subsection (a) and unless
the applicant has been convicted of an offense described by
Section 53.021(a), a licensing authority shall issue to an
otherwise qualified applicant who has been convicted of an
offense:
(1) the license for which the applicant applied; or
(2) a provisional license described by Subsection (c).
(c) A licensing authority may issue a provisional license for a
term of six months to an applicant who has been convicted of an
offense.
(d) The licensing authority shall revoke a provisional license
if the provisional license holder:
(1) commits a new offense;
(2) commits an act or omission that causes the person's
community supervision, mandatory supervision, or parole to be
revoked, if applicable; or
(3) violates the law or rules governing the practice of the
occupation for which the provisional license is issued.
(e) The licensing authority shall issue the license for which
the applicant originally applied to a provisional license holder
on the expiration of the provisional license term if the
provisional license holder does not engage in conduct described
by Subsection (d).
(f) If the licensing authority revokes a provisional license
under Subsection (d), the provisional license holder is
disqualified from receiving the license for which the applicant
originally applied.
(g) An applicant who is on community supervision, mandatory
supervision, or parole and who is issued a provisional license
under this section shall provide to the licensing authority the
name and contact information of the probation or parole
department to which the person reports. The licensing authority
shall notify the probation or parole department that a
provisional license has been issued. The probation or parole
department shall notify the licensing authority if the person's
community supervision, mandatory supervision, or parole
supervision is revoked during the term of the provisional
license.
Added by Acts 2009, 81st Leg., R.S., Ch.
616, Sec. 4, eff. June 19, 2009.
Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION RELATES
TO OCCUPATION. In determining whether a criminal conviction
directly relates to an occupation, the licensing authority shall
consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for requiring
a license to engage in the occupation;
(3) the extent to which a license might offer an opportunity to
engage in further criminal activity of the same type as that in
which the person previously had been involved; and
(4) the relationship of the crime to the ability, capacity, or
fitness required to perform the duties and discharge the
responsibilities of the licensed occupation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
CONSIDER. (a) In determining the fitness to perform the duties
and discharge the responsibilities of the licensed occupation of
a person who has been convicted of a crime, the licensing
authority shall consider, in addition to the factors listed in
Section 53.022:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the person's last
criminal activity;
(4) the conduct and work activity of the person before and after
the criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release; and
(6) other evidence of the person's fitness, including letters of
recommendation from:
(A) prosecutors and law enforcement and correctional officers
who prosecuted, arrested, or had custodial responsibility for the
person;
(B) the sheriff or chief of police in the community where the
person resides; and
(C) any other person in contact with the convicted person.
(b) The applicant has the responsibility, to the extent
possible, to obtain and provide to the licensing authority the
recommendations of the prosecution, law enforcement, and
correctional authorities as required by Subsection (a)(6).
(c) In addition to fulfilling the requirements of Subsection
(b), the applicant shall furnish proof in the form required by
the licensing authority that the applicant has:
(1) maintained a record of steady employment;
(2) supported the applicant's dependents;
(3) maintained a record of good conduct; and
(4) paid all outstanding court costs, supervision fees, fines,
and restitution ordered in any criminal case in which the
applicant has been convicted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 53.024. PROCEEDINGS GOVERNED BY ADMINISTRATIVE PROCEDURE
ACT. A proceeding before a licensing authority to establish
factors required to be considered under this subchapter is
governed by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 53.025. GUIDELINES. (a) Each licensing authority shall
issue guidelines relating to the practice of the licensing
authority under this chapter. The guidelines must state the
reasons a particular crime is considered to relate to a
particular license and any other criterion that affects the
decisions of the licensing authority.
(b) A state licensing authority that issues guidelines under
this section shall file the guidelines with the secretary of
state for publication in the Texas Register.
(c) A local or county licensing authority that issues guidelines
under this section shall post the guidelines at the courthouse
for the county in which the licensing authority is located or
publish the guidelines in a newspaper having countywide
circulation in that county.
(d) Amendments to the guidelines, if any, shall be issued
annually.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. NOTICE AND REVIEW OF SUSPENSION, REVOCATION, OR
DENIAL OF LICENSE
Sec. 53.051. NOTICE. A licensing authority that suspends or
revokes a license or denies a person a license or the opportunity
to be examined for a license because of the person's prior
conviction of a crime and the relationship of the crime to the
license shall notify the person in writing of:
(1) the reason for the suspension, revocation, denial, or
disqualification;
(2) the review procedure provided by Section 53.052; and
(3) the earliest date the person may appeal the action of the
licensing authority.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 53.052. JUDICIAL REVIEW. (a) A person whose license has
been suspended or revoked or who has been denied a license or the
opportunity to take an examination under Section 53.021 and who
has exhausted the person's administrative appeals may file an
action in the district court in the county in which the licensing
authority is located for review of the evidence presented to the
licensing authority and the decision of the licensing authority.
(b) The petition for an action under Subsection (a) must be
filed not later than the 30th day after the date the licensing
authority's decision is final and appealable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. PRELIMINARY EVALUATION OF LICENSE ELIGIBILITY
Sec. 53.101. DEFINITIONS. In this subchapter:
(1) "License" means a license, certificate, registration,
permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) a person must obtain to practice or engage in a particular
business, occupation, or profession.
(2) "Licensing authority" means a department, commission, board,
office, or other agency of the state that issues a license.
Added by Acts 2009, 81st Leg., R.S., Ch.
616, Sec. 1, eff. June 19, 2009.
Sec. 53.102. REQUEST FOR CRIMINAL HISTORY EVALUATION LETTER.
(a) A person may request a licensing authority to issue a
criminal history evaluation letter regarding the person's
eligibility for a license issued by that authority if the person:
(1) is enrolled or planning to enroll in an educational program
that prepares a person for an initial license or is planning to
take an examination for an initial license; and
(2) has reason to believe that the person is ineligible for the
license due to a conviction or deferred adjudication for a felony
or misdemeanor offense.
(b) The request must state the basis for the person's potential
ineligibility.
Added by Acts 2009, 81st Leg., R.S., Ch.
616, Sec. 1, eff. June 19, 2009.
Sec. 53.103. AUTHORITY TO INVESTIGATE. A licensing authority
has the same powers to investigate a request submitted under this
subchapter and the requestor's eligibility that the authority has
to investigate a person applying for a license.
Added by Acts 2009, 81st Leg., R.S., Ch.
616, Sec. 1, eff. June 19, 2009.
Sec. 53.104. DETERMINATION OF ELIGIBILITY; LETTER. (a) If a
licensing authority determines that a ground for ineligibility
does not exist, the authority shall notify the requestor in
writing of the authority's determination on each ground of
potential ineligibility.
(b) If a licensing authority determines that the requestor is
ineligible for a license, the licensing authority shall issue a
letter setting out each basis for potential ineligibility and the
authority's determination as to eligibility. In the absence of
new evidence known to but not disclosed by the requestor or not
reasonably available to the licensing authority at the time the
letter is issued, the authority's ruling on the request
determines the requestor's eligibility with respect to the
grounds for potential ineligibility set out in the letter.
(c) A licensing authority must provide notice under Subsection
(a) or issue a letter under Subsection (b) not later than the
90th day after the date the authority receives the request.
Added by Acts 2009, 81st Leg., R.S., Ch.
616, Sec. 1, eff. June 19, 2009.
Sec. 53.105. FEES. A licensing authority may charge a person
requesting an evaluation under this subchapter a fee adopted by
the authority. Fees adopted by a licensing authority under this
subchapter must be in an amount sufficient to cover the cost of
administering this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
616, Sec. 1, eff. June 19, 2009.